Prosecution Insights
Last updated: October 27, 2026
Application No. 18/616,239

LIQUID EJECTING APPARATUS

Final Rejection §103§DOUBLEPATENT
Filed
Mar 26, 2024
Priority
Mar 28, 2023 — JP 2023-051086
Examiner
ZIMMERMANN, JOHN P
Art Unit
2853
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Seiko Epson Corporation
OA Round
2 (Final)
83%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
638 granted / 771 resolved
+14.7% vs TC avg
Strong +20% interview lift
Without
With
+19.5%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
14 currently pending
Career history
790
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
77.1%
+37.1% vs TC avg
§102
14.8%
-25.2% vs TC avg
§112
4.8%
-35.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 771 resolved cases

Office Action

§103 §DOUBLEPATENT
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Information Disclosure Statement The Information Disclosure Statements (IDS’s) submitted on 17 April 2026, 26 May 2026, 01 June 2026, and 24 September 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statements have been considered by the Examiner. Double Patenting Claims 1-8 were provisionally rejected on the ground of Nonstatutory Double Patenting as being unpatentable over claims 1, & 3-9 of copending Application No. 18/616,241. Applicant submitted a timely filed terminal disclaimer along with the response to the prior Office Action and therefore the provisional Nonstatutory Double Patenting rejection is withdrawn. Response to Amendment Claims 1, 3, & 6 have been amended and examined as such. Claim 9 has been added and examined as such. Claim 8 has been canceled as requested by the Applicant. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. Claims 1-3, 5-7, & 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kida et al. (US 11,072,195 B2) in view of Eto (US 11,241,881 B2) and further in view of YOSHIZAWA (US 2015/0321493 A1). As related to independent claim 1, Kida et al. teaches a liquid ejecting apparatus (printing apparatus 1; Fig. 1) comprising: a print head (printing head 8; Fig. 1) that ejects liquid onto a medium (print medium on which the print head performs printing; col 17, II. 51-52); a liquid storage section that stores the liquid (sub-tank 151 in which a certain amount of ink is contained; col. 7, II. 8-9; A main tank 141 is a tank that contains ink which is to be supplied to the subtank 151; col. 7, II. 29-30; Fig. 6; col. 17, II. 40-42); a tube (a linkage tube 159 is provided for each of the supply flow path C2; col. 10, II. 54-55; Fig. 8) that supplies the liquid from the liquid storage section to the print head (The sub-tank 151 in which a cert a in a mount of ink is contained is connected to a supply flow path C2 for supplying ink to the print head 8; col. 7, II. 8-10; Fig. 6; col. 17, II. 43-44); a case arranged between the print head and the liquid storage section (Kida et al. – Figure 13, Reference #15, #8, & #14, shown below), a duct in which gas flows (an air passage is formed from the print head 8 to the air discharge fan 163 approximately in the horizontal direction; col. 13, II. 24-26; an air passage is formed from the air supply opening 43 to the print head 8 approximately in the horizontal direction; col. 13, II. 53-54; Fig. 13). PNG media_image1.png 732 478 media_image1.png Greyscale PNG media_image2.png 488 674 media_image2.png Greyscale PNG media_image3.png 428 432 media_image3.png Greyscale PNG media_image4.png 730 486 media_image4.png Greyscale Continuing with claim 1, Kida et al. does not specifically teach a heat generator or a duct in which gas flows. However, Eto teaches a liquid ejection apparatus that includes a duct (The main body housing 54 includes a gutter-shaped member 541; col. 5, II. 3-4; Fig. 6), a fan that causes air flow in the duct (The fan 55 is arranged in the intake opening 543 of the main body housing 54; col. 5, II. 20-21; The fan 55 sucks in the air outside the main body housing 54 and feeds the air into the main body housing 54; col. 5, II. 23-25), and a heat generator that generates heat, the heat generator being arranged in the case (Furthermore, the fan 55 causes air to flow between the main body housing 54 and the head housing 514. As a result, the control board 513 of the liquid ejection head 51 may be cooled via the head housing 514; col. 5, II. 25-28; Figures 6 & 8, shown below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Kida et al. to further include a heat generator wherein the duct supplies air to the heat generator in order to directly cool the heat generator as taught by Eto. This would have been done to keep the tube's ink temperature controlled, as taught in Eto (col. 5, II. 44-53). PNG media_image5.png 502 716 media_image5.png Greyscale PNG media_image6.png 391 663 media_image6.png Greyscale Kida et al. as modified by Eto does not specifically teach the duct with an inlet and outlet. However, YOSHIZAWA teaches a liquid ejecting apparatus (YOSHIZAWA – Figure 5, shown below) and specifically teaches a duct in which gas flows, the duct including an inlet, an outlet, and a wall portion with a hollow interior between the inlet and the outlet the outlet being disposed in the case wherein at least a portion of the tube being disposed in the duct and being in contact with an inner surface of the wall portion of the duct (YOSHIZAWA – Page 2, Paragraphs 18-20 and Figures 1, 2, & 4, Reference #9, #10, & #7, all shown below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the duct of the combination of Kida et al. and Eto with the duct of YOSHIZAWA to include a specific inlet and outlet to ensure proper flow of gas through the duct so the carriage is effectively cooled (YOSHIZAWA – Page 2, Paragraph 19). PNG media_image7.png 364 382 media_image7.png Greyscale PNG media_image8.png 478 432 media_image8.png Greyscale PNG media_image9.png 388 378 media_image9.png Greyscale PNG media_image10.png 442 418 media_image10.png Greyscale As related to dependent claim 2, the combination of Kida et al., Eto, and YOSHIZAWA remains as applied above and continues to teach a housing having an air inlet (Kida et al. - A first housing cover 71 on the left side-face side of the printing apparatus 1 has first openings (herein after referred to as air supply openings 43); col, 12, II. 55-57; Fig. 12), wherein the fan draws outside air into the duct from the air inlet (Kida et al. - In the case where the air discharge fan 163 is driven, negative pressure is generated inside the main body of the printing apparatus 1, causing air to flow through the air supply openings 43 into the main body; col. 14, II. 13-16; Fig. 13; Eto – Figure 6, Reference #55, shown above; and YOSHIZAWA – Page 2, Paragraphs 18-20 and Figure 1, Reference #11 & #10, shown above). As related to dependent claim 3, the combination of Kida et al., Eto, and YOSHIZAWA remains as applied above and continues to teach the duct supplies the gas to the heat generator [i.e. the fan 55 causes air to flow between the main body housing 54 and the head housing 514. As a result, the control board 513 of the liquid ejection head 51 may be cooled via the head housing 514] (Eto – Column 5, II. 25-28 and Figures 6 & 8, shown above). As related to dependent claim 5, the combination of Kida et al., Eto, and YOSHIZAWA remains as applied above and continues to teach the print head is a line head having a length equal to or longer than a width of the medium [i.e. The print head 8 of the present embodiment is a full line type color inkjet print head. In the print head 8, a plurality of ejection openings configured to eject ink based on print data are arrayed in the y-direction in FIG. 1 so as to correspond to the width of a print medium S] (Kida et al.- Column 3, Lines 30-34 and Eto – Column 2, Lines 49-60 and Figure 2, shown below). PNG media_image11.png 470 678 media_image11.png Greyscale As related to dependent claim 6, the combination of Kida et al., Eto, and YOSHIZAWA remains as applied above and continues to teach at least a portion of the tube is disposed along the flow of the gas in the duct (Eto – Figures 6 & 8, shown above and YOSHIZAWA – Page 2, Paragraphs 18-20 and Figures 1, 2, & 4, Reference #7, #9, & #10, all shown above). As related to dependent claim 7, the combination of Kida et al., Eto, and YOSHIZAWA remains as applied above and continues to teach the liquid that is supplied to the print head through the tube is a water-based ink (Kida et al. – Column 1, Lines 13-14 and Column 12, Lines 45-50). As related to dependent claim 9, the combination of Kida et al., Eto, and YOSHIZAWA remains as applied above and continues to teach the duct further includes a first through-hole penetrating through the wall portion of the duct, and a second through-hole penetrating through the wall portion of the duct, the tube enters the duct through the first through-hole and exits the duct through the second through-hole, and the at least the portion of the tube is disposed in contact with the inner surface of the wall portion between the first through-hole and the second through-hole, and a downstream portion of the tube, which is a portion positioned downstream relative to the second through-hole in a liquid flow direction, is partially in contact with an outer surface of the wall portion of the duct (YOSHIZAWA – Page 2, Paragraphs 18-20 and Figures 1, 2, & 4, Reference #7, #9, & #10, all shown above). Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Kida et al. (US 11,072,195 B2), Eto (US 11,241,881 B2), and YOSHIZAWA (US 2015/0321493 A1), and in further view of Brown et al. (US 2007/0188546 A1). The combination of Kida et al., Eto, and YOSHIZAWA remains as applied above but does not specifically teach the duct is provided for collecting mist of the liquid. However, Brown et al. teaches an ink-mist control system for a printer for collecting mist of the ink (The ink-mist control system 70 entrains ink mist into an airflow that is pulled from adjacent the print zone 29 into the control system 70 and subsequently through the ink-mist control system 70; Brown et al. – Page 4, Paragraph 39), with a duct (ink-mist control system 70 comprises a generally T-shaped duct housing 72 formed of a first housing portion 71 and a second housing portion 73; Brown et al. – Page 4, Paragraph 40 and Figure 6, shown below), wherein the duct is used to collect mist (Low pressure at the air inlet 82 pulls air and ink particles downwardly from the print zone labeled as A1. The air and entrained ink mist A1 move through the air inlet 82 and the first duct leg 84 (Brown et al. – Page 5, Paragraph 45 and Figure 6, shown below). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device described in Kida to utilize the duct for collecting mist of the liquid ink, as taught by Brown et al. in an effort to inhibit ink smearing and control the ink mist which is created (Brown et al. – Page 1, Paragraphs 5, 10, & 11). Response to Arguments Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rosati et al. (US 2011/0025764 A1) teaches a liquid ejecting apparatus using water-based ink, having ink tubes, vacuum blowers (fans) and aerosol ducts. SHEFLIN et al. (US 2022/0305806 A1) teaches a liquid ejecting apparatus having air flow through ducts from a fan. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the Examiner should be directed to JOHN P ZIMMERMANN whose telephone number is (571)270-3049. The Examiner can normally be reached Monday-Thursday 0700-1730 EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Ricardo Magallanes can be reached at (571) 272-5960. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /John P Zimmermann/Primary Examiner, Art Unit 2853
Read full office action

Prosecution Timeline

Mar 26, 2024
Application Filed
Feb 10, 2026
Non-Final Rejection mailed — §103, §DOUBLEPATENT
Apr 30, 2026
Response Filed
Oct 02, 2026
Final Rejection mailed — §103, §DOUBLEPATENT (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Patent 12766833
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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
83%
Grant Probability
99%
With Interview (+19.5%)
2y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 771 resolved cases by this examiner. Grant probability derived from career allowance rate.

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